HomeMy WebLinkAboutO-13924City of Miami
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Legislation
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Ordinance: 13924
File Number: 7578
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THE ZONING CLASSIFICATION FROM "76-8-L", URBAN CORE
TRANSECT ZONE - LIMITED, TO "76-8-0", URBAN CORE TRANSECT ZONE -
OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 1139, 1146, 1148,
1155, 1157, 1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230,
1233, 1238, 1241, 1244, 1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344,
1352, 1358, 1360, 1363, 1400, AND 1414 NORTHWEST 7 COURT, 1136, 1145,
1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192, 1194, 1196, 1201, 1216,
1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320, 1321, 1325,
1337, 1345, 1345, 1351, AND 1361 NORTHWEST 8 AVENUE, 1171, 1173,
1217, 1219, 1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321,
1322, 1326, 1330, AND 1350 NORTHWEST 8 COURT, 1133, 1150, 1177, 1180,
1181, AND 1191 NORTHWEST 8 STREET ROAD, 1220, 1223, 1230, 1231,
1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318, 1320, 1328,
1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, AND 1361 NORTHWEST 9
AVENUE, 1200, 1231, 1311, 1321, 1331, AND 1347 NORTHWEST 10 AVENUE,
1145, 1157, 1158, 1180, 1204, 1226, 1244, AND 1249 NORTHWEST 11
STREET ROAD, 720, 724, 726, 727, 737, 745, 747, 756, 758, 759, 760, 762,
771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914,
AND 933 NORTHWEST 12 STREET, 732, 735, 763, 766, 770, 771, 808, 833,
851, 853, AND 919 NORTHWEST 13 STREET, 724, 783, 784, 786, AND 800
NORTHWEST 14 STREET, 1000, 1005, 1008, AND 1010 SPRING GARDEN
ROAD, AND 1000 SUNNYBROOK ROAD, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 5, 2020, the Planning, Zoning and Appeals Board ("PZAB"), at a
duly noticed public hearing, considered PZAB Item No. 1 and adopted Resolution No. PZAB-R-
20-028, failing to recommend approval by the required supermajority vote pursuant to Section
62-17(d) of the Code of the City of Miami, Florida, as amended ("City Code"), and Section
7.1.1.4(d)(4) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), to the City Commission of this proposed zoning change as there
was a motion to recommend approval of the proposed zoning change wherein five (5) PZAB
members voted in favor and four (4) PZAB members voted against (5-4); and
WHEREAS, the properties located at approximately 1139, 1146, 1148, 1155, 1157,
1160, 1161, 1164, 1166, 1169, 1177, 1208, 1212, 1216, 1223, 1230, 1233, 1238, 1241, 1244,
1245, 1300, 1305, 1312, 1316, 1318, 1338, 1342, 1344, 1352, 1358, 1360, 1363, 1400, and
City of Miami Page 1 of 4 File ID: 7578 (Revision:) Printed On: 1012312020
File ID: 7578 Enactment Number: 13924
1414 Northwest 7 Court, 1136, 1145, 1146, 1147, 1156, 1158, 1159, 1163, 1165, 1190, 1192,
1194, 1196, 1201, 1216, 1227, 1228, 1230, 1233, 1241, 1243, 1251, 1303, 1313, 1319, 1320,
1321, 1325, 1337, 1345, 1345, 1351, and 1361 Northwest 8 Avenue, 1171, 1173, 1217, 1219,
1222, 1224, 1226, 1230, 1232, 1234, 1248, 1310, 1312, 1320, 1321, 1322, 1326, 1330, and
1350 Northwest 8 Court, 1133, 1150, 1177, 1180, 1181, and 1191 Northwest 8 Street Road,
1220, 1223, 1230, 1231, 1234, 1235, 1236, 1238, 1246, 1247, 1302, 1310, 1311, 1313, 1318,
1320, 1328, 1331, 1333, 1335, 1336, 1337, 1342, 1345, 1349, and 1361 Northwest 9 Avenue,
1200, 1231, 1311, 1321, 1331, and 1347 Northwest 10 Avenue, 1145, 1157, 1158, 1180, 1204,
1226, 1244, and 1249 Northwest 11 Street Road, 720, 724, 726, 727, 737, 745, 747, 756, 758,
759, 760, 762, 771, 777, 803, 806, 808, 810, 813, 816, 826, 828, 836, 843, 845, 847, 849, 914,
and 933 Northwest 12 Street, 732, 735, 763, 766, 770, 771, 808, 833, 851, 853, and 919
Northwest 13 Street, 724, 783, 784, 786, and 800 Northwest 14 Street, 1000, 1005, 1008, and
1010 Spring Garden Road, and 1000 Sunnybrook Road, Miami, Florida, as more particularly
described in Exhibit "A", attached and incorporated (collectively, "Property"), are adjacent to the
Culmer Metrorail station and generally bounded by State Road 836, the Metrorail guideway, and
Northwest 7th Avenue and are zoned 76-8-L",Urban Core Transect Zone - Limited; and
WHEREAS, despite being designated mostly 76-8-L", Urban Core Transect Zone -
Limited, the properties in the neighborhood generally bounded by State Road 836, the Metrorail
guideway, and Northwest 7th Avenue are developed to only approximately five percent (5%) of
their overall development capacity with many properties completely vacant; and
WHEREAS, there are approximately 20.93 acres of properties in the area around the
Culmer Metrorail station; and
WHEREAS, the Culmer Metrorail station is the 5th most underutilized station along the
Metrorail network (based on a weekday average) according to the Miami -Dade County
Transportation and Public Works Department; and
WHEREAS, the lack of development around the Culmer Metrorail station is possibly a
reason for, or a consequence of, low Metrorail ridership; and
WHEREAS, either of these scenarios can be explained by a lack of Transit Oriented
Development Area ("TOD") incentives or incorrectly calibrated zoning; and
WHEREAS, the Miami 21 Code has many incentives directed towards TODs and these
incentives have yielded robust development around other TODs and Transit Corridors; and
WHEREAS, properties zoned 76-8-0", Urban Core Transect Zone - Open, around the
Culmer Metrorail station are largely developed to the Transect Zone's intentions while properties
zoned 76-8-L", Urban Core Transect Zone - Limited, around the Culmer Metrorail station are
not; and
WHEREAS, these two (2) factors together suggest there is a need to correctly calibrate
the zoning around the Culmer Metrorail station; and
WHEREAS, rezoning the Property around the Culmer Metrorail station from 76-8-L",
Urban Core Transect Zone - Limited, to 76-8-0", Urban Core Transect Zone - Open, will allow
more robust mixed -use development without increasing residential density; and
WHEREAS, a proposed text amendment targeting 76-8-0", Urban Core Transect Zone
- Open, properties may further incentivize development around the Culmer Metrorail station
City of Miami Page 2 of 4 File ID: 7578 (Revision:) Printed on: 1012312020
File ID: 7578 Enactment Number: 13924
though this proposed zoning change is necessary and independent from that proposed text
amendment; and
WHEREAS, the proposed text amendment confers benefits only in exchange for
Affordable Housing at or below 100% of Area Median Income ("AMI"); and
WHEREAS, Article 2, Section 2.1.3.1 of the Miami 21 Code states that "[n]ew
development should be structured to reinforce a pattern of Neighborhoods and urban centers,
focusing growth at transit nodes rather than along Corridors"; and
WHEREAS, in particular, TODs are uniquely equipped to absorb increased development
intensity due to the mitigating effects of fixed -rail mass transportation; and
WHEREAS, Article 2, Section 2.1.3.1 of the Miami 21 Code states that "[t]he City should
expand and enhance transit opportunities and connections throughout the City"; and
WHEREAS, Article 7, Section 7.1.2.8.a.3. and Section 7.1.2.8.f.2 of the Miami 21 Code
provide that a change to the Zoning Atlas of the Miami 21 Code may be made only to the next
Transect Zone and shall maintain the goals of the Miami 21 Code to preserve Neighborhoods
and to provide transitions in intensity and Building Height; and
WHEREAS, the proposed zoning change furthers the goals and objectives of the Miami
Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the proposed zoning change furthers the goals of the Miami 21 Code
centered on focused growth around transit and preservation of neighborhoods through transitions
in intensity and building height; and
WHEREAS, the City's Planning Department recommends approval of the proposed
zoning change from 76-8-L", Urban Core Transect Zone — Limited, to 76-8-0", Urban Core
Transect Zone — Open of the Property; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed zoning change, including changing and changed conditions that make the passage of
the propose zoning change necessary; and
WHEREAS, the City Commission finds that the proposed zoning change maintains the
goals of the Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity
and Building Height; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants to approve this amendment
to the Zoning Atlas of the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 3 of 4 File ID: 7578 (Revision:) Printed on: 1012312020
File ID: 7578
Enactment Number: 13924
Section 2. The City Commission approves the amendment to the Zoning Atlas of the
Miami 21 Code by changing the zoning classification from 76-8-L", Urban Core Transect Zone
— Limited, to 76-8-0", Urban Core Transect Zone — Open, for the Property, as more particularly
described in Exhibit "A", attached and incorporated.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after approval at Second
Reading.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, CiFy Httor iey 91912020
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 7578 (Revision:) Printed on: 1012312020